Healthcare. (Pixabay)

Decade-long health care battle draws to a close today in B.C.

Dr. Brian Day began his battle a decade ago against the B.C. government

A constitutional challenge by a doctor who argues patients should have the right to pay for private care if the public system leaves them waiting too long is expected to wrap up today in a Vancouver courtroom.

Dr. Brian Day began his battle a decade ago against the British Columbia government.

The case started in B.C. Supreme Court in 2016 and final arguments are scheduled to come to a close today.

Day is an orthopedic surgeon who legally opened the Cambie Surgery Centre in Vancouver in 1996.

He says he opened the centre to create more operating-room time for surgeons who couldn’t get it in public hospitals.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Joe Arvay told the court on Thursday that Day’s main objective is to cherry pick parts of the Medicare Protection Act after it is abolished. The act requires doctors to opt out of billing the government for work in the public system if they are also earning more money in private clinics.

READ MORE: Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Arvay said a victory for Day would usher in a complicated and expensive administrative regime dependent on public funds for the benefit of physicians wishing to expand private services that would not be regulated by the government.

“The plaintiffs are not seeking to opt out of the public system in its entirety,” Arvay said. “Even in the private market they wish to establish, they would continue to benefit from society’s investment in health-care professionals and public funding of the entire health-care infrastructure.”

Arvay said doctors employed in the public system are known to refer patients to themselves in private clinics where they also work in order to bypass wait times that apply to everyone who can’t afford to pay out of pocket or through private insurance.

He said physicians are paid more money in the private system than they earn in hospitals so they stand to financially benefit twice from such a scheme.

Arvay represents an intervener group that includes two physicians, Canadian Doctors for Medicare, the BC Health Coalition and two patients.

Day maintains that patients who have waited too long for an operation or diagnostic tests in the public system are deprived of timely care and should have a right to private treatment under the Charter of Rights and Freedoms.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Health

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19: Daily update on the pandemic in Surrey, White Rock and beyond

MARCH 31: School district meal program to continue, viral TP challenge video includes White Rock

No final high school game for Surrey all-stars; six scholarship winners named

COVID-19 forces cancellation of all-star games for boys and girls at Enver Creek gym April 3

‘Potentially life-threatening’ injuries in South Surrey crash

152 Street closed in both directions between Colebrook Road and 40 Avenue

Surrey school district’s meal program to continue during COVID-19

‘We didn’t want our students or their families to have one more thing to worry about,’ says board chair

Semiahmoo Peninsula singer joins voices with vocal partner to form virtual choir

Singers share sacred choral piece online as antidote for dark times

VIDEO: Coast-to-coast ‘Toilet Paper Challenge’ includes White Rock

Viral video shows item being passed ‘virtually’ from B.C. to Maritmes

B.C. worker advocate group calls for more sick days, protected medical leave

COVID-19 highlights need for changes to workers legislation: Retail Action Network

Lower Mainland cop awarded almost $3.2 million for 2 car crashes

Jeffery Neufeldt of Mission was injured on the job in collisions in 2013 and 2016

New rules issued for B.C. construction projects, work camps for COVID-19

Coastal GasLink, LNG Canada, Trans Mountain and Site C carry on

Staff member diagnosed with COVID-19 at Langley Lodge care home, Fraser Health confirms

The health authority is at the scene of the long term care home

Canada to spend $2B more on procuring medical supplies for COVID-19 fight

Government has signed deals with three companies

World COVID-19 updates: Putin may be exposed; 30,000 prisoners released

Comprehensive news update from around the world as of Tuesday, March 31.

Most Read

l -->